Culture

Texas Spares No Expense To Kill

Samuel Hooper1 Comment

texas_death_penalty

 

In Texas today,  there is apparently no expense too great when it comes to efficiently killing people, and no expense too small to be called unaffordable and cancelled if it preserves or improves quality of existence for the living.

This has nothing to do with the Democratic gubernatorial candidate Wendy Davis, or the ongoing and contentious argument over abortion; those battles are raging on their own elsewhere.

Rather, this is about the eagerness of the state of Texas to go to any expense and any length to continue dispatching prisoners on death row with clockwork efficiency and regularity, under a veil of secrecy and unknown cost, while any other state expenditures are castigated as a sign of ‘big government’ and pared back – even as those who have (rightly or wrongly) come to depend on that government support suffer grievously as a consequence.

The Guardian reports on the extraordinary lengths to which the Texas state government – which takes every opportunity to position itself as staunchly pro-life and legislate based on the ‘sanctity of human life’ – is willing to go in order to continue performing lethal injections once its current supply of lethal injection drugs runs out at the end of March:

Texas has obtained a new batch of the drugs it uses to execute death row inmates, allowing the state to continue carrying out death sentences once its existing supply expires at the end of the month.

But correction officials will not say where they bought the drugs, arguing that information must be kept secret to protect the safety of its new supplier. In interviews with the Associated Press, officials with the Texas Department of Criminal Justice also refused to say whether providing anonymity to its new supplier of the sedative pentobarbital was a condition of its purchase.

It should be noted that Texas is not the only state to go above and beyond in its zeal to continue killing inmates – Ohio also recently switched to a new cocktail of lethal injection drugs after it found itself unable to obtain new supplies of the original formula.

The fact that no international pharmaceutical company is willing any longer to supply drugs to be used for barbaric executions was a mere obstacle to be overcome for Ohio, who found a new drug and a new supplier, and subsequently botched their first execution using the new method. One eyewitness, a priest, reported:

I was aghast. Over those 11 minutes or more he was fighting for breath, and I could see both of his fists were clenched the entire time. His gasps could be heard through the glass wall that separated us. Towards the end, the gasping faded into small puffs of his mouth. It was much like a fish lying along the shore puffing for that one gasp of air that would allow it to breathe. Time dragged on and I was helpless to do anything, sitting helplessly by as he struggled for breath. I desperately wanted out of that room.

For the next four minutes or so a medical tech listened for a heart beat on both sides of his chest. That seemed to drag on too, like some final cruel ritual, preventing us from leaving. Then, at 10.53am, the warden called the time of death, they closed the curtains, and that was it.

I came out of that room feeling that I had witnessed something ghastly. I was relieved to be out in the fresh air. There is no question in my mind that Dennis McGuire suffered greatly over many minutes. I’d been told that a “normal” execution lasted five minutes – this experimental two-drug concoction had taken 26 minutes. I consider that inhumane.

But let us return to Texas, so often the protagonist in these stories. The reason given by Texas state officials for not releasing details of where their shiny new supply of lethal injection drugs came from – in response to an entirely justified request by the AP – sets a new standard for cognitive dissonance and Orwellian doublethink:

The decision to keep details about the drugs and their source secret puts the agency at odds with past rulings of the state attorney general’s office, which has said the state’s open records law requires the agency to disclose specifics about the drugs it uses to carry out lethal injections.

“We are not disclosing the identity of the pharmacy because of previous, specific threats of serious physical harm made against businesses and their employees that have provided drugs used in the lethal injection process,” said Texas Department of Criminal Justice spokesman Jason Clark.

It is already well known that Texas’ supposed devotion to the sanctity of life does not apply to those on death row, just as the state that held a prayer event to ask God to intercede and end a long-running drought is also quite happy to ignore Jesus’ teachings about mercy and forgiveness.

But now it also appears that the state of Texas is acting in this opaque and clearly antidemocratic manner because of fears for the safety of those people who are involved in producing the deadly drugs.

Imagine, for a moment, that the Texas Department of Criminal Justice had instead released their statement with the following revision (amendments in brackets):

“We are not disclosing the identity of the [people and organisations involved] because of previous, specific threats of serious physical harm made against businesses and their employees that have provided [services] used in the [abortion] process.”

Pigs would fly and snow fall in hell before the state of Texas would ever consider withholding the names and details of people involved in providing abortion services out of a desire to protect their safety, even though there are many real, tangible examples of such people being subjected to harassment, intimidation, physical harm and assassination. By contrast, anti-death penalty campaigners have shown no signs of wanting to intimidate or harm those with whom they disagree.

The key difference (and reason for the massive divergence in treatment of the two groups) is that as far as those in power in Texas are concerned, anyone ever involved in facilitating an abortion is inherently evil and deserves whatever comes their way, but anyone who facilitates an execution is doing their God-fearing, patriotic duty.

And this dichotomy exists because the governing majority in Texas, from Rick “Oops” Perry on downwards, do not see the execution of an incarcerated inmate by the all-powerful government as a violation of the commandment Thou Shalt Not Kill.

texas_executions
One of the indispensable functions of government?

 

At this point, two disclaimers:

1. The purpose of this article is not to elicit sympathy for murderers, or even to debate the merits of the death penalty – though this blog will go on record as being resolutely against the death penalty, viewing it as a barbaric practice from a bygone age best relegated to the past.

2. Nor is the purpose of this article to debate the issue of abortion – though this blog will go on record as believing that life begins at conception, but that there are various times and circumstances (rape, incest, catastrophic developmental anomalies, risk to the life of the mother) when two equally terrible choices must be weighed and the resultant answer may come down on the side of terminating the pregnancy at the earliest opportunity; and that in these terrible, heart-wrenching circumstances, no one is better placed to make the awful decision than the mother, least of all government.

The purpose of this blog is to ask a very simple question of the Texas government: where the hell are your priorities?

Why, when Texas struggles with shameful rates of illiteracy, teen pregnancy, teen births, adults in correctional facilities, adults under probation, citizens without health insurance and food insecure children, is the state government rummaging for spare change and wasting precious time and resources in order to continue funding executions, of all things?

Why, when life is so difficult and wretched for so many Texans, is their state government more interested in preserving its ability to smite the guilty (or not guilty) than help the needy?

When conservative Texans are not threatening to secede from the United States in protest of the Tyrannical Kenyan Socialist Marxist Fascist Community-Organising Gun-Confiscating Traitor unlawfully occupying the White House, they often like to pledge their love and respect for the Constitution. Section 13 of Article 1 (Bill of Rights) of their own Texas State Constitution has this to say on the matter of punishing the guilty:

Sec.13. EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

“Nor cruel or unusual punishment inflicted.”

In Texas, it appears that selective reading is not limited to the Bible.

Music For The Day

Samuel HooperLeave a comment

The second movement of Ravel’s Piano Concerto in G, performed by Leonard Bernstein and accompanied by the Orchestre National de France:

 

I have never been a tremendous aficionado of Bernstein’s piano performances – a great (if variable) composer and conductor, he simply spread himself too thin to have made himself one of the greats. But this is a superb performance, very well conducted from the keyboard.

It is also interesting to see Bernstein (partly through necessity) adopt the pre-Liszt piano/orchestra configuration.

GCH Who?

Samuel HooperLeave a comment
Who?
Who?

 

Watching the debate on government surveillance and citizen privacy play out differently on opposite sides of the Atlantic is both astonishing and depressing.

While the issue has become a hot political topic and an electoral issue leading into the 2014 midterms – with candidates and incumbents lining up to praise Edward Snowden for whistleblowing and revealing the extensive activities of the NSA, or condemn him as a hypocritical traitor – in Britain, the debate has caused barely a murmur.

Despite the fact that as closest allies, the United States and United Kingdom cooperate intensively on surveillance and national security issues, sharing the front-end technology as well as the intelligence results, those responsible from the United Kingdom side have escaped serious political pressure and questioning almost completely.

The closest to uncomfortable scrutiny that anyone from the British security apparatus came was when former GCHQ chief Sir David Omand was asked a softball question at the Home Affairs committee, and used it as an opportunity to bemoan the fact that all of this pesky, pedantic oversight of the intelligence community is harming their morale and making them feel sad.

John Naughton, writing in The Observer, has a theory about this relative lack of interest in Britain. He proposes that people would sit up and pay more attention to the erosion of their right to privacy and protection from unreasonable search if only the technological aspects of the question were explained in a more accessible way:

As someone who is supposed to know about these things, I’m sometimes asked to give talks about computing to non-technical audiences. The one thing I have learned from doing this is that if you want people to understand technological ideas then you have to speak to them in terms that resonate with their experience of everyday things.

Naughton believes that the problem is a lack of technical understanding in the British population – that if only the man on the Clapham omnibus knew what it meant to tap transatlantic fibreoptic cables to eavesdrop on data, to use computer malware to snoop on untargeted citizens or to maintain logs of telephony metadata, he would suddenly take to the streets in anger. This seems somewhat naïve. After all, American citizens are no more technically sophisticated than the British, and yet they managed to generate and sustain a sense of outrage that their privacy was being routinely violated by a government that would have happily continued doing so in secret were they not caught red-handed.

Naughton continues:

One of the things that baffles me is why more people are not alarmed by what Edward Snowden has been telling us about the scale and intrusiveness of internet surveillance. My hunch is that this is partly because – strangely – people can’t relate the revelations to things they personally understand.

The average Brit may not be conversant in the technical details, but they know the broad strokes – that the government is and has long been collecting and sharing data on us all with our international intelligence partners, that this was done without ever bringing the question up for national or parliamentary debate, and that the government is more interested in bullying people who try to report on the truth than in making their activities more transparent and democractically accountable.

The problem is not that the average Brit simply doesn’t understand what it means when GCHQ or the intelligence services collect reams of data indiscriminately with no targeting and no proof or suspicion of ill intent – they understand all too well. The problem is that far too many British people, when asked, simply shrug their shoulders and say something along the lines of “well, if it keeps us safe we should probably keep doing it,” or “if you have nothing to hide you have nothing to worry about.”

And more worrying still is the fact that some elements of the press also seem willing and eager to promulgate this attitude.

The reason for this apathy among both the people and the press is the fact that the British people have no real terms of reference when it comes to thinking about what government actions are good and which are bad. In the United Kingdom, the law of the land is only as cast iron and certain as the whims of the current government and current parliament. Aside from the European Union and European law (which act as brakes on British government ambition in almost every other sphere than this), the British citizen has no real defence against any action taken against him by the elected dictatorship of the day. And where it comes down to interpretation of existing law by the intelligence agencies, the cases are fought in court in a very opaque way that hardly anyone understands.

Contrast this to the situation in our closest ally, the United States of America, where precisely the same debate is playing out but at a much louder volume. The debate is much more accessible to the average American because the US government is structured in a much more understandable way and the powers and limitations of each branch of government are delineated by the Constitution. Though ambiguities and disagreements naturally always occur, the Constitution at least provides a frame of reference.

When issues such as bulk collection of telephony metadata or the recording of international telephone calls or the intercepting of emails come up, Americans can point to the Fourth Amendment to the United States Constitution, which clearly states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

There it is, in black and white. And it protects Americans in perpetuity until such time as it may be repealed or replaced with a new amendment (for which the bar for passage is prohibitively high).

That’s not to say that the US Constitution has done anything much to help American citizens defend themselves from unwarranted government intrusion. The Obama administration, and the Bush administration before, are able to come up with all manner of tortured (no pun intended) interpretations of the law to justify both the illegal things that they do and the fact that they try so hard to keep them secret.

But the mere fact that the highest echelon of law concerning search and seizure of property is so comparatively well known in the United States means that shady government activities suspected of falling on the wrong side of the line between legality and unconstitutional overreach are noticed much sooner and debated much more vigorously. By contrast, it would be astounding if any more than one in a thousand Britons of voting age could point to the relevant laws and statutes which define the British government’s legal powers to monitor the communications and data of its citizens.

The sad irony is that the Fourth Amendment protections enjoyed (or at least referred to) by American citizens derive largely from British legal doctrine, and yet it is the former colony which now tenuously keeps alive something which has been slowly and deliberately extinguished in the mother country.

John Naughton is right to be alarmed at public apathy toward the growing British surveillance state – it is perhaps the greatest threat to our democracy and free speech currently in existence. But public opinion will not be inflamed by holding a national technology seminar to explain the small print; there will only ever be opposition to government overreach on spying or anything else when we sit down together as a country and agree exactly what should be the limits on government power.

Holding a constitutional convention for the United Kingdom – as this blog has consistently advocated – to determine once and for all the powers that we are willing to grant the government and those which we would keep for ourselves may not be popular or sexy. But it is needed now more than ever.